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MATTER OF 21 LIZENSK CORPORATION v. SPILLMAN

14 A.D.3d 617 (2005)

787 N.Y.S.2d 890

In the Matter of 21 LIZENSK CORPORATION, Respondent, v. YESHAIYA BENYAMIN SPILLMAN, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 24, 2005.

Ordered that the judgment is reversed, on the law, with costs, the order dated August 22, 2003, is vacated, the petition is denied, and the proceeding is dismissed.

The petition to confirm the arbitration award should have been denied on the ground that the procedures set forth in CPLR article 75 were not followed (see CPLR 7511 [b] [1] [iv]; [2] [i]; see also Matter of Brentnall v Nationwide Mut. Ins. Co., 194 A.D.2d 537...

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